Ceist:
122 Dr. Upton asked the Tánaiste and Minister for Enterprise, Trade and Employment the position of a person (details supplied) regarding her employment rights. [14640/01]
Written Answers. - Unfair Dismissals.
The Unfair Dismissals Acts, 1977 to 1993, administered by my Department protect employees from being unfairly dismissed from their employment and provide redress for employees found to be unfairly dismissed. This includes situations where conditions of work are proven to be so difficult that an employee is justified in terminating contract of employment. Such a termination must, be justified by the employee concerned. This situation is described as constructive dismissal.
In general, to qualify under the Unfair Dismissals Acts, an employee is normally expected to work at least eight hours per week and have at least one year's continuous service. If the individual concerned feels she may have been unfairly dismissed, she may refer the matter to a rights commissioner or the Employment Appeals Tribunal for investigation under the Unfair Dismissals Acts.
An explanatory booklet on the Unfair Dismissals Acts, 1977 to 1993 or clarification on any matter contained therein may be obtained on my Department's website at www.entemp.ie or by contacting the employment rights information unit of my Department at (01) 631 3131 or on Lo-call 1890 220222.
While there is no specific legislation in my Department dealing with workplace bullying, there are a number of existing legislative provisions covering employment equality, safety, health and welfare in the workplace and industrial relations which have a bearing on the issue.
A person who feels he or she has been bullied should, in the first instance, seek advice from the Health and Safety Authority – HSA – as to the most appropriate course of action to be taken. The HSA may be contacted at 10 Hogan Place, Dublin 2, telephone 01-614700.
The Deputy may wish to note that the issue of workplace bullying is the subject of a task force report, which I recently launched. The report, which represents a comprehensive examination of the issue, has made a number of recommend ations relating to actions which should be undertaken at both State and at enterprise level, in order to address workplace bullying.
The principal recommendations relating to action at State level include the designation of the Health and Safety Authority as the central co-ordinating State agency, the introduction of codes of practice on workplace bullying and harassment under the Safety, Health and Welfare at Work Act, 1989, the Industrial Relations Act, 1990 and the Employment Equality Act, 1998, and the establishment of an advisory committee on workplace bullying under the auspices of the Health and Safety Authority.
The purpose of the codes of practice will be to provide guidance on putting in place policies and procedures at the level of individual enterprises, and as a basis and a reference point for the relevant State agencies, that is the Health and Safety Authority, the Equality Authority and the Labour Relations Commission, charged with offering advice and assistance.